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Critique of article 19 of the administrative offenses trial law regarding the simultaneous handling of criminal administrativ offenses in judicial authorities and administrative offenses trial boards
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Mohammad Nekoee *   , Amirhosein KhoshraftarBorna |
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Abstract: (14 Views) |
| According to article 19 of the administrative offenses trial law, in cases of administrative offenses, it also has a criminal description, administrative offenses trial boards must deal with the employee's offenses and cannot postpone it to the Judgment of the judicial authority and if the decision of the judicial authorities is based on acquittance, they should act according to Article 24. The main question of this research is devoted to the effect of the decision of the judicial authorities on the decision of administrative offenses trial boards in dealing with criminal administrative offenses and the defects of the said article. The findings of the research, using library and documentary sources and descriptive and analytical methods, show that although the ruling of this article is useful in terms of preventing delays in the trial of the accused, However, in terms of predicting the lack of connection between the decision of the judicial authorities and administrative offenses trial boards, it can be criticized due to the contradiction with the rule of prohibition of double punishment and the impossibility of returning to the previous situation in case of acquittal in some punishments. therefore , it is necessary to amend the discussed article. |
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| Keywords: Administrative offenses, Administrative offenses trial law, Administrative punishments, Criminal penalties, judicial authoritie, administrative offenses trial boards. |
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Type of Study: Research |
Subject:
Special
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